Law Times

Business groups decry 'laxity' in certifying class actions By yamri Taddese Law Times he Canadian Chamber of Commerce is lament- ing what it calls a "laxity" in certifying class actions in Canada, an issue it says is so sig- nificant that it threatens Canadian businesses. The organization issued a joint statement with the U.S. Chamber Institute for Legal Reform last week in which they said "a tide" of class action lawsuits is a major concern for Canadian business. "Canadian tribunals have reaf- firmed their tradition of consistent- ly lax class certification standards. In short, it is once again a relatively sure bet that a class proposed to a Canadian court will be certified in many areas, if properly framed and presented by plaintiffs' counsel," according to an analysis released jointly by the organizations. The analysis cited a low thresh- old for certifying class actions in Canada. Many certified class ac- tions go on to settle, which means certification essentially guarantees a win for the plaintiffs, according to the analysis. The statement has incensed some members of the class ac- tion bar who say the current pro- cedures are not only effective but they also provide a sole shot at jus- tice to those who otherwise may not be able to afford it. "This report from the Chamber of Commerce does not provide us with any way to help people get into courts in Ontario to de- termine if their rights have been violated," says Siskinds LLP class action lawyer Daniel Bach. Bach also says the analysis con- tains inaccuracies. "I honestly just think the Chamber of Commerce has not done its homework," he says, citing, for example, a claim made by the chamber about the "minimal scrutiny" that goes into obtaining leave to pursue class actions under the Ontario Securities Act. "That's just not true," says Bach. "We have seen a number of cases fail the leave standard. . . . The leave test is working robustly," he says. Bach adds that to his knowl- edge, no case has gone through the ARE YOU RECEIVING CANADIAN LEGAL NEWSWIRE? Keep abreast of essential late-breaking legal news and developments with our electronic newswire. VISIT OUR WEBSITE WWW.CANADIANLAWYERMAG.COM AND LOOK UNDER "LINKS" SIGN UP FOR FREE From the publisher of and Untitled-5 1 14-05-27 1:38 PM Two lawyers battle for PC crown Elliott, Brown tout legal background as edge in leadership contest By yamri Taddese Law Times here's a good chance Ontario's Progressive Con- servative party will once again have a lawyer at its helm with frontrunners Christine Elliott and Patrick Brown both touting their legal backgrounds as an edge in the race. MPP Christine Elliott (Whitby-Oshawa) says her cur- rent job and the one she's applying for aren't all that differ- ent from being a lawyer. "In your legal profession, people pay you to solve their legal problems, but I see my role as an MPP in a very similar manner. The public pays my salary, so I owe the same duty to my constituents certainly as I owed my clients," says El- liott, who practised real estate, corporate, and estates law at Flaherty Dow Elliott & McCarthy LLP (now Flaherty Mc- Carthy LLP) prior to assuming political office. Federal MP Patrick Brown, a University of Windsor law school graduate, won a seat in Parliament at a "pretty young" age, he says. After becoming an MP less than two years after opening a law office in Barrie, Brown served on the justice committee as well as an advisory committee for Supreme Court of Canada nominations. Brown notes that coming from "a family of nine lawyers" also keeps him in tune with the issues in Ontario's justice system. "I've got a sister who is an employment lawyer; I've got a father who's a criminal lawyer; I've got an aunt who's a family lawyer; I've got an uncle who is a labour lawyer; and I've got another uncle who did real estate and corporate law," says Brown, whose uncle, Alberta Provincial Court Judge Ian Kirkpatrick, just retired from the bench. revived legaCy Restored portrait a reminder of judge's storied past P3 Tarion accounTaBiliTy Call for reform at non-profit corporation P6 lSUC vOTe Extensive coverage of the 2015 bencher election P8 Christine Elliott is touting her 25 years of legal practice as an asset as leader. Photo: Robin Kuniski See Quebec, page 4 See Brown, page 4 If corporations have decided to settle a class action, it's because they've determined it's in their own best interest, says Daniel Bach. PM #40762529 & $#&!&jmmm$cYa[bbWh$Yec ntitled-4 1 12-03-20 10:44 AM $5.00 • Vol. 26, No. 11 March 30, 2015 Follow LAW TIMES on www.twitter.com/lawtimes L AW TIMES T T

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